BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1101
                                                                  Page  1

          Date of Hearing:   April 13, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1101 (Eng) - As Introduced:  February 18, 2011 

          Policy Committee:                              Public Employees, 
          Retirement and Social Security                Vote: 4-2

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill replaces the governor-appointed retiree representative 
          on the Teachers' Retirement Board with a representative elected 
          by the retirees of the California State Teachers' Retirement 
          System (CalSTRS).   Specifically, this bill: 

            1)  Replaces the board member who must be a retired member of 
              either the CalSTRS Defined Benefit program or the Cash 
              Balance Benefit program and be appointed by the Governor, 
              with a new board member who will be elected by the retired 
              members of the DB Program and the retired participants of 
              the CB Benefit Program (a program for employees who are not 
              full time). 

            2)  Specifies the term for this new aboard member is four 
              years, beginning January 1, 2016. 

           FISCAL EFFECT  

            1)  CalSTRS indicates that additional election costs for the 
              seat (which would occur every four years) would be about 
              $75,000 for staff and vendor expenses, and would coincide 
              with the election for the other seats. 

            2)  Unknown impacts on CalSTRS investments and earnings. 


           COMMENTS  

             1)  Rationale  .  The California Federation of Teachers, the 
              bill's sponsor, states that, "AB 1101 will allow retirees to 








                                                                  AB 1101
                                                                  Page  2

              have a united voice on their retirement issues by changing 
              the retiree representative on the Teachers Retirement Board 
              from one being appointed by the Governor to one being 
              appointed by the retired members of CalSTRS. The change in 
              statute will allow for a more democratic process of 
              representation." 
           
            2)  Background  .  The CalSTRs board of directors are selected 
              based on the following:

             a)   Three chosen in an election of current members.

             b)   Five appointed by the governor and confirmed by the 
               Senate.  These must meet specified qualifications, with one 
               being a retired CalSTRS member, three being public 
               representatives, and one a school board representative.
             c)   Four board members who serve in an ex-officio capacity 
               by virtue of their office - the director of finance, state 
               controller, state superintendent of public instruction and 
               state treasurer.   

              Most other public retirement boards in California have 
              elected members. For example, the Board of Administration of 
              the California Public Employees' Retirement System has six 
              members out of 13 who are elected by their peers and each of 
              the 20 retirement systems being operated under the County 
              Employees' Retirement Law of 1937 has four members elected 
              by the active and retired members of the system. 

             1)  Recent legislation.   This bill is similar to AB 1862 (Eng) 
              of 2010, which was vetoed by Governor Schwarzenegger. In his 
              veto message, the Governor stated, in part, "There is no 
              documented problem that demonstrates the need to change 
              current law with this bill." 



           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081